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Scottish Trust Deed Forum
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Topic starter
16/08/2018 9:20 pm
Can some please help ? I received a charge for payment from the Sheriff officers for a payment to Student Awards Agency for a Bursary which was overpaid and the case was in Court in 2015. In 2018 I then signed up for a trust deed in April 2018 and was told to stop paying this and my trust deed became protected in June of this year, Now I have come home to a letter from the Sheriff Officers for a Charge for Payment within 14 days or else they could arrest my wages or take my things from my home ? What is going on ? I thought the whole point of the trust deed was to prevent this ? DO I need to pay this or can I dispute this ? Any help appreciated thanks
Mr Neil
17/08/2018 9:54 am
Jimmy
Student loans are not discharged under an insolvency process but this relates to loans only.
As this is a bursary, I would have thought this would be treated as an unsecured debt and included in the trust deed. However, the legislation surrounding student loans is highly complex and bursary overpayment is not something I have come across.
I have asked my colleagues and the general consensus is that bursary would be written off under the trust deed process.
I would run this past your trustee and make them aware of the charge for payment.
Sharon is no longer posting in the forum.
17/08/2018 10:07 am
Yes, Sharon is correct - this isn't a student loan and as such should be included in your Trust Deed. Your trustee should be able to sort this out for you if you get in contact with them.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
17/08/2018 10:26 am
Hi Jimmy2018,
I can understand why your feeling worried about this. The last thing you expected is paperwork like this to come through your door especially after signing a Trust Deed back in April.
In an ideal situation once you sign a Trust Deed, creditors are sent paperwork and then it’s protected nothing like this should happen but unfortunately you can still be sent paperwork.
It’s something which will be easily resolved by letting your Trustee know about it. They will then contact the creditor and the sheriff officer and that should be the end of it.
David is not currently posting in the Trust-Deed.co.uk forum
Topic starter
18/08/2018 12:09 pm
Thanks Everyone for your help, I go onto my Trust Deed provider and they called SAAS and was informed that it was a mistake, pretty big mistake if you ask me considering they didn't even appeal the Trust Deed set up. Thanks all for the invaluable advice !
Mr Neil
20/08/2018 8:43 am
Jimmy2018
Glad this got sorted out.
Sharon is no longer posting in the forum.
